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An attorney for a Scranton man charged with helping another man kill Frank Bonacci told a judge his client acknowledges he engaged in a "coverup," but argued that does not mean he's guilty of murder.

The statement, made Monday by attorney Matthew Comerford at a bail hearing for Neil Pal, provided a glimpse at the possible defense strategy Mr. Pal may invoke against allegations he helped his lifelong friend, Jason Dominick of Scranton, kill Mr. Bonacci following an all-night drinking party on July 20.

Mr. Comerford and his co-counsel, Paul Walker, took the unusual move of seeking bail for Mr. Pal, who is charged with being an accomplice to criminal homicide and conspiracy to commit homicide in connection with the death of Mr. Bonacci, 24, of Dunmore. Pennsylvania courts have long held a defendant charged with criminal homicide is not entitled to bail. Mr. Comerford and Mr. Walker are challenging that interpretation.

Mr. Pal and Mr. Dominick, both 23, were arrested on Aug. 2, six days after Mr. Bonacci's body was found inside his sport utility vehicle in a ravine off Ridge Row in Scranton. Police say Mr. Pal was with Mr. Dominick inside Mr. Bonacci's vehicle when Mr. Dominick shot Mr. Bonacci in the back of the head. The men then put a rock under the gas pedal of Mr. Bonacci's car to make it crash into the ravine.

At a hearing before Lackawanna County Judge Terrence Nealon, Assistant District Attorney Bill Fisher argued state law precludes bail for any defendant charged with a crime punishable by life in prison. Mr. Pal faces a possible life sentence if he is convicted as an accomplice to first-degree murder, which is one of the charges encompassed in the criminal homicide count.

Mr. Comerford and Mr. Walker acknowledged that a district magistrate judge found there was sufficient evidence to hold Mr. Pal for trial on the homicide conspiracy and accomplice charges. They argued that did not automatically preclude Mr. Pal from being released on bail, however.

Citing a 2005 ruling by a Fayette County judge, the defense argued a separate bail hearing must be held, and that Mr. Pal could only be held without bail if a judge finds there is "clear and convincing" evidence that he took part in the homicide - a much higher standard of proof than what is required at the preliminary hearing level.

Addressing Judge Nealon, Mr. Comerford said Mr. Pal does not deny he took part in "some type of cover-up." He has denied he knew Mr. Dominick planned to kill Mr. Bonacci, however.

"I'm not saying there is no criminal culpability here, but it's not homicide," Mr. Comerford said.

In the Fayette County case, a judge ruled a woman who was charged with killing and burning down the business of a bar owner who had raped her was entitled to a bail hearing because there was a strong probability she would not be convicted of first-degree murder. The defense acknowledged Judge Nealon is not bound to follow that judge's reasoning, however, because it was a trial court ruling. Only rulings issued by appellate courts are binding on other judges.

Mr. Fisher argued Judge Nealon is bound by a 1984 Superior Court ruling that held a defendant is not entitled to bail if a magistrate judge determines there is sufficient evidence to hold the person for trial on a first-degree murder charge.

Judge Nealon did not issue a ruling Monday on whether Mr. Pal is entitled to a bail hearing. Even if the judge decides he is, comments he made during Monday's hearing indicate he is questioning the defense's claim that Mr. Pal did not know of Mr. Dominick's intentions.

The judge noted there is evidence Mr. Pal knew there was antagonism between Mr. Dominick and Mr. Bonacci, who once dated a woman with whom Mr. Dominick was infatuated. The judge cited a text message Mr. Dominick sent Mr. Pal two months before the killing in which he said he would "snuff" Mr. Bonacci if he became "cocky." The judge also noted evidence that Mr. Pal arranged to give Mr. Bonacci a ride, but made sure the men left in Mr. Bonacci's car, and not Mr. Pal's vehicle.

"You don't cover up and obstruct justice if you did not commit a crime," Judge Nealon said.

The judge took bail matter under advisement and will issue a ruling at a later date.

Contact the writer: tbesecker@timesshamrock.com

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